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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Rina Begam Barbhuiya Alias Rina Begum Barbhuiya W/o Late Imran Hussain Barbhuiya – Appellant
Versus
State of Assam Represented By Learned PP, Assam – Respondent
JUDGMENT & ORDER (CAV)
(Sanjeev Kumar Sharma, J)
1. Heard Mr. M. Dutta, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.
2. This is an application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting of bail to the accused/petitioner namely Rina Begam Barbhuiya alias Rina Begum Barbhuiya, in connection with P.R. Case No. 2156/2025 under Section 61 (2)/103(1) of the Bharatiya Nyaya Sanhita, 2023 pending in the court of the learned Additional Chief Judicial Magistrate, Cachar, Silchar.
3. The informant who is the brother of the deceased lodged an FIR on 21.08.2025 alleging inter alia that the wife of the deceased i.e. accused No. 1 was in an illicit relationship with the accused No. 2, which was evident from the Whatsapp chats recovered from the mobile phone of the accused No. 2, and it was revealed from the said Whatsapp conversations that the accused persons had been conspiring to kill the deceased and that it had also come to light that the accused persons misappropriated an amount of approximately Rs. 20,00,000/- kept in the house of the deceased for business purposes.
Bail granted based on insufficient evidence linking the accused to the cause of death and the inadmissibility of her statements against her.
Lack of medical evidence linking the cause of death to the petitioner necessitates bail, emphasizing the inadmissibility of self-incriminating police statements under the Evidence Act.
Knowledge of impending violence must be demonstrated for conspiracy; mere association does not suffice to deny bail.
Custody duration, lack of involvement in other cases, and delay in trial due to COVID-19 can be considered as grounds for granting bail.
The court emphasized the necessity of a fair investigation and found insufficient evidence to deny bail, allowing the petitioner to be released under specific conditions.
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